Calculating Compensation for Medical Negligence

Calculating Compensation for Medical Negligence

Have you ever wondered how medical negligence lawyers calculate the compensation you may be due after a misdiagnosis or receiving mistreatment by a medical professional? Medical negligence claims UK are a complex affair, and you should use the best medical negligence solicitors who will ensure you are awarded the maximum amount for your specific situation. The compensation you are awarded is made up of two main components, general compensation and special compensation.

General Compensation for Medical Malpractice

General compensation is for the pain and suffering you have been forced to endure because of the medical negligence of the professional who should have been caring for you. You will also be paid for the way your life has been affected. This takes into account both present and any long-term problems caused.

To win a medical negligence claim you have to be able to prove that in all probability your condition was made worse, or a new condition created, because of the care you received. Insurance companies settle most compensation claims and they look for at least a 50% chance the medical professional made a mistake and caused the problem. Some victims are put off making their compensation claim because they are concerned about having to deal with these large organisations, or with the person who should have treated them with more care. Law firms like The Medical Negligence Experts will take all the worry off your shoulders. You can leave everything to them, which allows you to focus on your recovery.

It’s possible to win general compensation if your healthcare professional:

  • Fails to diagnose your illness so treatment is delayed, making you worse
  • Diagnoses the wrong condition so treats you inappropriately
  • Prescribes the wrong drug, or a pharmacist dispenses the wrong drug
  • Makes a mistake during surgery
  • The standard of care you received was below acceptable standards

If some of the treatment you receive does not work out as hoped, it does not necessarily mean your medical professional has been negligent. Medical negligence solicitors will compare the treatment you received with other experts in that particular medical field. This allows them to see if they would have treated you in the same way, and to decide if better treatment would have led to a better outcome? To be paid special compensation, your general compensation claim has to be successful.

Special Compensation for Medical Negligence UK

Illnesses and injuries can create extra expenses, things that could not have been planned for. These can put a strain on your finances, but if your general compensation claim is successful you can recoup some of these costs. This is known as special compensation, which can include such things as:

  • Extra medical costs for prescriptions, or treatment that is not available on the NHS. It could also be for medical aids to make your condition easier to live with
  • Travelling costs to and from medical appointments, whether for public transport or taxi fares. If someone you know takes you to a hospital appointment, there could be parking fees and fuel costs to consider.
  • Childcare can be included if you need help to look after your children until you have recovered. This could involve someone else taking them to and collecting them from school.
  • The cost of adapting your home, if necessary, due to the medical negligence
  • The cost of help around your home or garden until you are well enough to do chores yourself
  • Care costs for someone to look after you if needed
  • Any other cost that has been caused by the medical negligence

You do have to prove some of these extra costs, so you should keep all proof of payments and receipts wherever you can. If you have had to take time off work to recover from your condition, any loss of earnings can also be claimed. If your worsened condition means you will not be able to return to work, future earnings can be factored in as well.

Costs and losses related to medical negligence can quickly escalate to a large sum of money, and the financial strain this can cause means some victims think they are not able to afford to make a compensation claim.

Condition Fee Agreements

Conditional fee agreements, or no win no fee as they are more commonly known, could be the answer. If you qualify to make a no win no fee claim, you will not have to pay any money to get your claim started, or settle legal fees if your claim is unsuccessful. This makes claiming affordable for all innocent victims of medical negligence, giving everyone the same access to the justice they deserve.

If you have been the victim of medical negligence, don’t suffer in silence. Take a little bit of time and effort and find out about starting your claim for compensation today.

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